(A) Purchasing Agency.
(1) The Town Council is designated as the Purchasing Agency for the town, with the powers and duties authorized under I.C. 5-22.
(2) The Purchasing Agency shall designate, in writing, the purchasing agent(s).
(B) Purchasing agent(s).
(1) The Town Council hereby designates the following officers as purchasing agents for the town. All purchases by the purchasing agents must be in conformance with the State Public Purchasing Law, I.C. 5-22 et seq., and with this section. The purchasing agents shall be authorized to make purchases within the limits prescribed below with Town Council approval.
Custodian | Single Purchase Limit | Monthly Purchase Limit |
Building Commissioner | $75 | $250 |
Clerk-Treasurer/Street Supervisor (town vehicles only) | $200 | $500 |
Clerk-Treasurer | $300 | $500 |
Marshal | $75 | $250 |
Street and Utility Supervisor | $800 | $3,500 |
(2) Prior to any purchase or expenditure of funds, regardless of amount, the purchasing agent shall contact the Clerk-Treasurer and determine if sufficient funds are available in the appropriate account to make the purchase. Contact must be done in some form of writing, such as, text, email or request form. In the event that the Clerk-Treasurer determines that insufficient funds exist, the Clerk-Treasurer shall inform the purchase agent the hinds are not available. Contact shall be made in a form of writing, such as, text or email. In the case that there are sufficient funds in the account, the Clerk-Treasurer shall approve the purchase unless the Clerk-Treasurer has notice that the purchase in question would violate the law or a town ordinance.
(3) All purchases or expenditures that exceed the limitations set forth above shall require prior approval of the Town Council. In such event, the proper request form shall be submitted to the Clerk-Treasurer, who shall distribute the request form to the Town Council at the next regularly scheduled meeting. Once approved by the Town Council, the purchasing agent may proceed with the purchase or expenditure as set forth herein.
(4) (a) Purchases may be made by a purchasing agent without prior Clerk-Treasure or Town Council approval only in the case of emergency situations requiring repairs to key systems or facilities that, if not repaired, would be detrimental to town property, town employees or the public, and it is not reasonably possible to obtain the approval of the Clerk-Treasurer or Town Council (as applicable).
(b) In the event of such an emergency, the purchasing agent shall notify the Clerk-Treasurer of the emergency purchase or expenditure at the earliest possible date and shall provide the Clerk-Treasurer with a written request form for the purchase/expenditure.
(5) The Town Council retains the right to change this designation or to designate additional purchasing agents as necessary.
(6) The rules in divisions (C) through (E) below are the required purchasing rules for the town.
(C) Procurement procedures. Supplies manufactured in the United States shall be specified for all purchases and shall be purchased unless the agent determines:
(1) The supplies are not manufactured in the United States in reasonably available quantities;
(2) The price of the supplies manufactured in the United States exceeds by an unreasonable amount, the price of available and comparable supplies manufactured elsewhere;
(3) The quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured elsewhere; or
(4) The purchase of supplies manufactured in the United States is not in the public interest.
(D) Limitations on purchasing agent’s authority.
(1) The purchasing agent(s) may purchase emergency supplies of operating expense on behalf of the town at his, her or their discretion without first submitting a request form to the Clerk-Treasurer; provided, that the amount of the purchase does not exceed the amount allowed in division (B) above, over which the purchasing agent is a custodian, and which is established for the purpose for which the expenditure is being made.
(2) The purchasing agent(s) shall obtain a receipt for each expenditure. The purchasing agent(s) shall provide immediately to the Clerk-Treasurer a request form and original receipts.
(E) Special purchases.
(1) A special purchases is a purchase of goods or supplies, where there exists an emergency condition, where there exists a unique opportunity to obtain supplies, equipment or services at substantial savings, or as otherwise allowed by I.C. 5-22-10. (EMERGENCY is defined in the town’s handbook and the town’s Wage and Salary Ordinance.) Special purchases may be made without soliciting bids or proposals; provided, that it is made with such competition as a practical under the circumstances. The purchasing agent shall submit a written recommendation to the Town Council describing the basis for the purchase. The Town Council may choose to accept the recommendation and purchase the items or may reject the recommendation.
(2) The Clerk-Treasurer shall comply fully with I.C. 5-22-10 when making a special purchase and shall maintain the records for a special purchase in a separate file which shall include a written determinations of the basis for the special purchase. Such file shall be maintained for a minimum of five years.
(Am. Ord. 3, 2005, passed 6-12-2017)